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New York Civil Practice: CPLR
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
5-3001 New York Civil Practice: CPLR 3001.syn
David L. Ferstendig
The chapter begins with a discussion of the purposes and many advantages of declaratory judgments, which are primarily used to adjudicate the rights of parties before a "wrong" actually occurs in the hope that later litigation will be unnecessary. It also explains the requirements that an actual controversy must exist and that the plaintiff must have a legally protectable interest in direct issue. The chapter then provides extensive discussion on the uses of declaratory judgments, focusing on matters relating to domestic relations, personal rights, property rights, insurance, corporations and business associations, employment and labor relations, construing statutes, construing contracts, determining contingent rights, challenging administrative actions, and citizen taxpayer actions. It also covers Article 78 proceedings, which provide an alternative to the declaratory judgment action. The chapter also sets forth the guidelines and considerations, including the availability of other relief, that a court uses to determine whether it will hear a declaratory judgment action. In addition, the chapter explains the procedural matters related to declaratory judgments, such as the jurisdiction of courts to grant declaratory judgments, pleading requirements, motions, the joinder of parties, the right to a jury trial, the statute of limitations and laches, and who may bring declaratory judgment actions. Finally, the chapter covers the effects of a final declaratory judgment on the parties.
This chapter includes a historical appendix with amendments to, legislative and judicial reports for, and the Civil Practice Act counterpart for CPLR 3001. It also provides a references section containing court rules and essential forms relating to CPLR 3001.
New York Civil Practice:CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and federal courts as the authority on civil practice issues.It provides in-depth analysis and interpretation of New York's Civil Practice Law and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.
CPLR 3001,Declaratory Judgment,Remedies,Actual Controversy,Justiciability,Legally Protectable Interest,Availability of Other Relief,Article 78,Jurisdiction,Pleading,Joinder,Jury Trial,Statute of Limitations,Laches,Real Party in Interest,Final Judgment
OTHER RELATED CHAPTERS: (View)
For a discussion of the requirements of a demand for relief in a declaratory judgment action, see CPLR 3017, Demand for Relief.
For a discussion of a motion to dismiss for failure to state a cause of action for a declaratory judgment, see CPLR 3211, Motion to Dismiss.
For a discussion of an accelerated means of obtaining declaratory judgment, see CPLR 3222, Action on Submitted Facts.
For a discussion of the right to a jury trial in a declaratory judgment action, see CPLR 4101, Issues Triable by a Jury Revealed before Trial.
For a discussion of declaratory judgments in relation to Article 78 proceedings, see CPLR 7801, Nature of Proceeding.
OTHER RELATED PUBLICATIONS:
For further discussion of remedies and pleadings, including discussion of declaratory judgments, see:
- Bender's Forms for Civil Practice: Civil Litigation, CPLR Article 30, Remedies and Pleading (Matthew Bender).
- LexisNexis AnswerGuide New York Civil Litigation, Ch. 1, Initial Pleadings; and Ch. 3, Responding to Initial Pleadings (Matthew Bender).
- Federal Litigation Guide: New York and Connecticut, Ch. 2, Formatting, Serving, and Filing Papers; Ch. 6, Drafting the Summons and Complaint; Ch. 8, Serving Process; Ch. 10, Raising Defenses and Objections; Ch. 11, Drafting Counterclaims, Cross-Claims, and Replies; and Ch. 15, Amending and Supplementing Pleadings (Matthew Bender).
- Moore's Manual: Federal Practice and Procedure, Ch. 9, Pleadings and Motions in General; Ch. 10, Plaintiff's Pleadings; Ch. 11, Defendant's Response; Ch. 12, Plaintiff's Response; and Ch. 25A, Declaratory Judgment (Matthew Bender).
- Moore's Federal Practice-Civil, Ch. 7, Pleadings Allowed; Form of Motions and Other Papers; Ch. 8, General Rules of Pleading; Ch. 9, Pleading Special Matters; Ch. 10, Form of Pleadings; Ch. 13, Counterclaim and Crossclaim; Ch. 15, Amended and Supplemental Pleadings; Ch. 57, Declaratory Judgment; Ch. 60, Relief from a Judgment or Order; and Ch. 131, Claim Preclusion and Res Judicata (Matthew Bender).